Simmers and Simmers (Child support)

The case of *Simmers and Simmers* concerned a dispute over child support payments. The applicant sought to have the existing percentage of care determinations revoked and new determinations made. The respondent sought to have the decision under review set aside and substituted. The matter came before the court for review.

The primary legal issue before the court was whether there had been a change to the likely pattern of care that would justify revoking the existing percentage of care determinations and making new ones. A secondary issue arose concerning the date of effect of a tribunal's decision, specifically whether special circumstances existed to permit a late application for review under subsection 95N(2) of the relevant legislation.

The court considered the evidence presented regarding the care arrangements for the children. It was found that the existing percentage of care determinations were no longer accurate due to a change in the pattern of care. Consequently, the court determined that the existing determinations should be revoked and new determinations made to reflect the current care arrangements. Regarding the late application for review, the court found no special circumstances that prevented the application from being lodged in time, and therefore declined to make a determination under subsection 95N(2).